[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Proposed Rules]
[Pages 71014-71015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30028]



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Part II





Department of Defense





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Department of the Army; Corps of Engineers



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33 CFR Part 334



United States Navy Restricted Area, Sandy Hook Bay, Naval Weapons 
Station EARLE, New Jersey; Proposed Rule

  Federal Register / Vol. 67, No. 229 / Wednesday, November 27, 2002 / 
Proposed Rules  

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DEPARTMENT OF DEFENSE

Department of the Army; Corps of Engineers

33 CFR Part 334


United States Navy Restricted Area, Sandy Hook Bay, Naval Weapons 
Station EARLE, New Jersey

AGENCY: United States Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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SUMMARY: The U.S. Army Corps of Engineers is proposing to amend 
regulations to establish a restricted area in the vicinity of Naval 
Weapons Station EARLE (EARLE) Piers and Terminal Channel, Sandy Hook 
Bay, New Jersey. These regulations will enable the U.S. Navy to enhance 
safety and security around active military vessels moored at the 
facility and partly restrict travel in the area. These regulations are 
necessary to safeguard military vessels and United States government 
facilities from sabotage and other subversive acts, accidents, or 
incidents of similar nature. These regulations are also necessary to 
protect the public from potentially hazardous conditions that may exist 
as a result of military use of the area.

DATES: Written comments must be submitted on or before December 27, 
2002.

ADDRESSES: Send comments to U.S. Army Corps of Engineers, ATTN: CECW-
OR, 441 G Street, NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. Frank Torbett, Headquarters 
Regulatory Branch, Washington, DC at (202) 761-4618, or Mr. Richard L. 
Tomer, U.S. Army Corps of Engineers, New York District, Regulatory 
Branch, at (212) 264-3996.

SUPPLEMENTARY INFORMATION: Pursuant to its authorities in section 7 of 
the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and 
chapter XIX, of the Army Appropriations Act of 1919 (40 Stat 892; 33 
U.S.C. 3) the Corps is proposing to amend the restricted area 
regulations in 33 CFR part 334 by establishing a restricted area at 
Sec.  334.102. The public currently has restricted access near the 
facility and units assigned there due to the existence of a ``Security 
Zone'' previously established by the U.S. Coast Guard which is 
identified at 33 CFR 165.130. It should be noted that the restricted 
area represents an expansion of the Security Zone by an additional 295 
yards to the west. This expansion would allow the maintenance of a 750-
yard wide perimeter around the pier complex. To better protect 
authorized vessels transiting the Terminal Channel and mooring at the 
EARLE Piers from acts of terrorism, sabotage, or other subversive acts 
and incidences of a similar nature during explosives loading and 
unloading, the Commander, Naval Weapons Station EARLE, has requested 
that the U.S. Army Corps of Engineers establish a Restricted Area to be 
enforced at all times. This will enable the U.S. Navy to restrict 
vessel traffic in a portion of Sandy Hook Bay.

Procedural Requirements

a. Review Under Executive Order 12866

    This proposed rule is issued with respect to a military function of 
the United States and the provisions of Executive Order 12866 do not 
apply.

b. Review Under the Regulatory Flexibility Act

    These proposed rules have been reviewed under the Regulatory 
Flexibility Act (Public Law 96-354; 5 U.S.C. 601) which requires the 
preparation of a regulatory flexibility analysis for any regulation 
that will have a significant economic impact on a substantial number of 
small entities (i.e., small businesses and small Governments). The U.S. 
Army Corps of Engineers expects that the establishment of this 
restricted area would have practically no economic impact on the 
public, and would create no anticipated navigational hazard or 
interference with existing waterway traffic. Accordingly, it is 
certified that this proposal if adopted, will not have a significant 
economic impact on a substantial number of small entities.

c. Review Under the National Environmental Policy Act

    An Environmental Assessment (EA) has been prepared for this action. 
The U.S. Army Corps of Engineers has concluded, based on the minor 
nature of the proposed additional restricted area regulations, that 
this action, if adopted, will not be a major federal action having a 
significant impact on the quality of the human environment, and 
preparation of an environmental impact statement is not required. The 
environmental assessment may be reviewed at the District office listed 
at FOR FURTHER INFORMATION CONTACT above.

d. Unfunded Mandates Act

    This proposed rule does not impose an enforceable duty among the 
private sector and, therefore, is not a Federal private sector mandate 
and is not subject to the requirements of Section 202 or 205 of the 
Unfunded Mandates Reform Act (Public Laws 104.4, 109 Statute 48, 2 
U.S.C. 1501 et seq.). We have also found under Section 203 of the Act, 
that small Governments will not be significantly or uniquely affected 
by this rulemaking.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.
    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

    1. The authority citation for part 334 continues to read as 
follows:

    Authority: 40 Stat. 266; (33 U.S.C. 1) and 40 Stat. 892; (33 
U.S.C. 3).

    2. Section 334.102 is added to read as follows:

Sec.  334.102  Sandy Hook Bay, Naval Weapons Station EARLE (EARLE) 
Piers and Terminal Channel, Middletown, New Jersey, Restricted Area.

    (a) The area: An area bounded by the following points, beginning 
at: latitude 40[deg] 25'55.6''N, longitude 074[deg] 04'31.4''W; thence 
to latitude 40[deg] 26'54.0''N, longitude 074[deg] 03'53.0''W; thence 
to latitude 40[deg] 26'58.0''N, longitude 074[deg] 04'03.0''W; thence 
to latitude 40[deg] 27'56.0''N, longitude 074[deg] 03'24.0''W; thence 
to latitude 40[deg] 27'41.7''N, longitude 074[deg] 02'45.0''W; thence 
to latitude 40[deg] 27'23.5''N, longitude 074[deg] 02'16.6''W; thence 
to latitude 40[deg] 28'21.2''N, longitude 074[deg] 01'56.0''W; thence 
to latitude 40[deg] 28'07.9''N, longitude 074[deg] 02'18.6''W; thence 
to latitude 40[deg] 27'39.3''N, longitude 074[deg] 02'38.3''W; thence 
to latitude 40[deg] 27'28.5''N, longitude 074[deg] 02'10.4''W; thence 
to latitude 40[deg] 26'29.5''N, longitude 074[deg] 02'51.2''W; thence 
to latitude 40[deg] 26'31.4''N, longitude 074[deg] 02'55.4''W; thence 
to latitude 40[deg] 25'27.1''N, longitude 074[deg] 03'39.7''W 
longitude; thence along the shoreline to the point of origin (NAD 83).
    (b) The regulation. (1) Except as set forth in paragraph (b)(2) of 
this section, all persons, swimmers, vessels and other craft, except 
those vessels under the supervision or contract to local military or 
Naval authority, vessels of the United States Coast Guard, and other 
state law enforcement vessels, are prohibited from entering the 
restricted areas without permission from the Commanding Officer, Naval 
Weapons Station EARLE, USN, New Jersey, or his/her authorized 
representative; and (2) Vessels are authorized to cross the

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Terminal Channel provided that there are no naval vessels then 
transiting the channel (bounded by latitude 40[deg] 27'41.7''N, 
longitude 074[deg] 02'45.0''W; thence to latitude 40[deg] 27'23.5''N, 
longitude 074[deg] 02'16.6''W; thence to latitude 40[deg] 28'21.2''N, 
longitude 074[deg] 01'56.0''W; thence to latitude 40[deg] 28'07.9''N, 
longitude 074[deg] 02'18.6''W; thence to latitude 40[deg] 27'39.3''N, 
longitude 074[deg] 02'38.3''W).
    (c) Enforcement. The regulation in this section, promulgated by the 
United States Army Corps of Engineers, shall be enforced by the 
Commander, Naval Weapons Station EARLE, New Jersey and/or other persons 
or agencies as he/she may designate, or any other person authorized by 
the District Engineer, New York District, U.S. Army Corps of Engineers.

    Dated: October 31, 2002.
Michael G. Ensch,
Acting Chief, Operations Division, Directorate of Civil Works.
[FR Doc. 02-30028 Filed 11-26-02; 8:45 am]
BILLING CODE 3710-92-P